ISLAMABAD: The Supreme Court of Pakistan has ruled that the Supreme Court and the newly established Federal Constitutional Court (FCC) function as separate, coordinate institutions with clearly defined constitutional powers, and neither is subordinate to the other.
According to Beyond Time News, the judgment clarifies how cases should be handled following the 27th Constitutional Amendment, which reshaped the country’s judicial structure.
Separate Roles for Two Apex Courts
The ruling was issued by a two-member bench of the Supreme Court of Pakistan comprising Chief Justice Yahya Afridi and Justice Shahid Bilal Hassan.
The Court stated that both the Supreme Court and the Federal Constitutional Court operate in separate constitutional domains and are not in a hierarchical relationship.
Instead, they are “coordinate courts,” meaning each has independent authority within its own jurisdiction.
Writ Cases Shift to FCC
The judgment clarified that constitutional writ petitions filed under Article 199 will now fall under the exclusive jurisdiction of the FCC.
However, certain matters—such as rent and family disputes—remain exceptions.
All appeals arising from High Court writ decisions will also be transferred to the FCC under the new constitutional framework.
Supreme Court Retains Civil and Appellate Cases
The Supreme Court will continue to hear regular civil and appellate cases under Article 185.
It will also retain jurisdiction over contempt proceedings linked to its own orders, as these relate directly to the Court’s authority and dignity.
Avoiding Overlapping Jurisdiction
The Court noted that earlier, writ and civil matters were sometimes combined in a single case file. After the amendment, this practice can create confusion and conflicting judgments.
To address this, the Court ordered that all “clubbed” cases must now be separated and sent to the correct forum.
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Judicial Comity and Coordination
The judgment emphasized the importance of judicial comity. It urged both courts to exercise restraint to avoid conflicting decisions on similar legal questions.
While both institutions remain independent, the Court said coordination and discipline in case handling are necessary for legal clarity.
What Happens Next
Under the ruling, ongoing cases will now be redistributed:
- Writ petitions → Federal Constitutional Court
- Civil and appellate cases → Supreme Court
- Contempt matters → Supreme Court
Conclusion
The decision marks a major clarification in Pakistan’s post-amendment judicial system. It establishes a dual apex court structure with clearly separated responsibilities, aiming to reduce legal overlap and improve case management.
